The California Fair Employment and Housing Act requires AUSD to provide reasonable accommodation for employees with a physical or mental disability to allow you to perform the essential functions of your job. Under the ADA, a Reasonable Accommodation is any “modification or adjustment to a job, the work environment, or the way things are usually done during the hiring process.” The modifications to your job/work environment are meant to enable any person with a disability (whether temporary or permanent) to successfully perform their job duties to the same extent as someone without a disability.
Reasonable accommodations usually include (but are not limited to):
- Ramps
- Accessible Restrooms
- Ergonomic Workstations/Modifying the layout of a workspace
- Change of job duties/Job restructuring
- Leave for medical care (can be intermittent leave like days to go to see your doctor)
- Change in work schedules
- Relocation of work area
- Acquiring or modifying equipment
- Training materials
- Providing readers or interpreters
- Providing screen reader software
Once AUSD knows that you need an accommodation (either because you ask for one or they are aware of the possible need for one) they are required to initiate the “interactive process.” AUSD might become aware of such a need either by a third party, observation (ex. you are using crutches), or because you have exhausted leave benefits.
In CA, it is unlawful for any employer to fail to engage in a timely, good faith, interactive process. This process requires an individualized assessment of both your specific job/position and specific physical and mental limitations related to the need for a reasonable accommodation. AUSD is not allowed to simply deny your request for accommodation request without going through this process.
Please note that if you have a disability/injury (either temporary or permanent) and do not need an accommodation, there is no requirement for you to provide AUSD with any information or doctor’s notice.
On a related note, if you are injured at the job, you are required to let AUSD know. This initiates the workers compensation process. ATA urges all members to fill out district paperwork so, if you are injured on the job, you go to your own physician instead of a workers compensation doctor. The process is lengthier if you do not have your own doctor on file BEFORE an on-the job injury.
If you need an accommodation or were injured on the job, please call ATA as soon as possible. We will guide you through the process and, if needed, provide you with attorney referrals (for workers compensation) or assign you legal assistance (for denials of accommodations).
Lastly, if you are ever requested to share a note from your doctor with the District or are considering doing so, please don't hesitate to contact ATA for guidance and support.
Liz Pinkava
Executive Director
EPinkava@cta.org
